On April 26, Decree 77/2022, of April 7, was published in the Official Gazette of the Canary Islands, which establishes as the main novelty the possibility for tourist users to present their claims, complaints and reports electronically through the electronic headquarters of the Government of the Canary Islands via a QR code. However, it will still be possible to present the form in any of the established registries.
The fact of being able to file a claim electronically aims to reinforce the right to make complaints and claims in a simpler and more efficient way.
Owners of tourist establishments, such as vacation homes, hotels and travel agencies, among others, will be obliged to interact electronically with the Administration, both to obtain and process the claim forms, complaints and reports. To this end, they must be subject to the general conditions for the practice of notifications, being preferred by the Administration the submission of notifications by electronic means, in cases where there is an obligation to relate in this way with it.
Characteristics of claim sheets and forms.
The claim forms must contain, at a minimum:
- identification of the tourist establishment or activity
- dentification of the person addressing it
- the object of the claim.
In addition, the tourist establishment must:
- Expose the sign, which must be displayed in a visible place, announcing the existence of complaint forms available to customers.
- Provide the QR code, at the request of the users to download on their electronic device.
- Being in possession of physical claim forms, which must be delivered to claimants who could not or would not opt for the electronic format.
Presentation
Regardless of the format chosen, the claimant may attach as many pieces of evidence or documents as he or she considers to the claim, in order to better prosecute the facts. In the case of claims related to pricing, the presentation of an invoice will be mandatory.
Subsequent performances after the presentation
Once the claim is admitted, it will be transferred to the owner of the tourist establishment so that he or she can formulate allegations regarding the content of the claim within a period of fifteen days.
If the claim deals with prices or internal regulations, conditions of use or access to the establishment, the list of prices or internal regulations, conditions of use or access of the establishment in force at the time of the claimed events must be attached to the allegations made.
If, from the content of the claim or complaint, there are indications of commission of any of the infractions typified by the applicable tourist regulations, the body with powers in matters of inspection will order the corresponding prior verification actions.
If a sanctioning procedure is initiated as a result of the previous actions, the claimant will be informed of its initiation.
Why can a claim be filed?
- If the content does not indicate the existence of facts constituting an administrative infraction, informing the person who presented it of the specific reasons that have motivated the file.
- By withdrawal or agreement between the parties.
- Due to lack of documentation at the time and after its request within the period granted for this purpose.
- Lack of motivation.
With this decree, the corresponding Administation aims to quickly and efficiently solve the deficiencies or defects that the tourist offer in the Canary Islands may present, in order to improve the quality of such services to ensure optimal quality and standards.
Seneida García
International Liaison
